Case Details

Citation(s)
2013 SLG 2143 2013 SLD 2143 2013 YLR 49
Sindh High Court
Criminal Acquittal Appeal No. S-51 of 2011, heard on 31st August, 2012
NIAMATULLAH PHULPOTO, J
Shaikh Amanullah for Appellant. Mohan Lal D.D.P.P. for the State

ABDUL GHANI

VS

GANJ BAKHSH alias GANJOO and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Double presumption of inno-cence---Scope of acquittal appeal was considerably narrow and limited and obvious approach for dealing with appeal against conviction would be different and should be distinguished from appeal against acquittal because presumption of double innocence of accused was attached to order of acquittal. Zaheer Din v. The State 1993 SCMR 1628 ref. (b) Penal Code (XLV of 1860)--- ---Ss. 324/34/114---Criminal Procedure Code (V of 1898), S. 417 (2-A)---Attempt to commit qatl-e-amd, common intention, abettor present when offence is committed---Appeal against acquittal---Appreciation of evidence---Prosecution case doubtful---Belated F.I.R.---No empties recovered---Investigation officer not examined---Complainant had sold his tractor to the co-accused, who only paid part of the agreed sale price and promised to pay the remainder later---Accused stood surety for the remaining amount---Complainant alleged that he demanded payment of remaining amount on which accused allegedly instigated co-accused to fire at the complainant---Trial Court acquitted accused from the charge---Validity---Delay of 22 days in lodging of F.I.R. for which no plausible explanation had been furnished---No empty was recovered from place of incident---Complainant had admitted in his cross-examination that co-accused did not repeat fire and no injury was sustained by complainant---Mere word of complainant, in the backdrop of dispute over payment of tractor, was not sufficient for Trial Court to record conviction---Investigation officer had recommended disposal of case in 'B' class and said officer had not been examined by the prosecution---Appeal against acquittal was dismissed in circumstances. JUDGMENT NAIMATULLAH PHULPOTO, J.---Through this acquittal appeal, appellant/complainant Abdul Ghani has impugned the judgment dated 11-7-2011 passed by learned Additional Sessions Judge, Kandiaro in S.C. No.240 of 2006 State v. Ganj Bakhsh alias Ganjoo and another, whereby the learned trial Court acquitted accused vide judgment dated 11-7-2011. 2. Brief facts leading to the filing of the instant…
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